The defense believes the Atlanta evidence will show that Rudolph has been falsely accused as the Atlanta bomber, who killed one person and injured several others during the 1996 Olympics, and may indicate he has also been falsely accused in the Birmingham bombing.
Usually, it is the defense that tries to keep evidence of other crimes from the jury, but in this case federal prosecutors say they are not going to introduce information about the Atlanta explosions, and the defense wants to use the information.
Defense Wants More Info
"The government doesn't plan to introduce evidence from the Atlanta bombing because it is irrelevant in our case in Birmingham," U.S. Attorney Alice Martin said.A magistrate judge refused the defense request for more evidence from Atlanta, but the defense have appealed to a district judge to overrule that decision, forcing the prosecution to turn over more information.
Rudolph could face the death penalty if he is convicted of the Birmingham bombing, which killed a police officer and critically injured a nurse at the abortion clinic. Jury selection in the Birmingham trial is scheduled to begin March 23, 2005.
